Hadith 4532

أَخْبَرَنَا هِشَامُ بْنُ عَمَّارٍ , قَالَ : حَدَّثَنَا يَحْيَى بْنُ حَمْزَةَ , قَالَ : حَدَّثَنَا ثَوْرُ بْنُ يَزِيدَ , أَنَّهُ سَمِعَ ابْنَ جُرَيْجٍ يُحَدِّثُ , عَنْ أَبِي الزُّبَيْرِ الْمَكِّيِّ , عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ , أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ : " مَنْ بَاعَ ثَمَرًا فَأَصَابَتْهُ جَائِحَةٌ , فَلَا يَأْخُذْ مِنْ أَخِيهِ , وَذَكَرَ شَيْئًا عَلَى مَا يَأْكُلُ أَحَدُكُمْ مَالَ أَخِيهِ الْمُسْلِمِ " .
´It was narrated from Jabir bin 'Abdullah that the Messenger of Allah said:` "Whoever sells fruit then his crop fails, he should not take (anything) from his brother." (And he said something along the lines of) "Why would anyone of you consume the wealth of his Muslim brother?"
Hadith Reference سنن نسائي / كتاب البيوع / 4532
Hadith Grading الألبانی: صحيح  |  زبیر علی زئی: حسن
Hadith Takhrij «انظر ما قبلہ (صحیح)»
Explanation & Benefits
Hafiz Muhammad Ameen
You have used the word "shay’an" (anything). The meaning is that you said: [فلا يأخذْ من أخيه شيئًا] "Do not take anything from your (Muslim) brother." (Dhakheerat al-‘Uqba Sharh Sunan al-Nasa’i: 24/268)
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4532
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit:
The Noble Prophet (sallallahu alayhi wa sallam) commanded that the sale of the fruits of trees should be conducted only when those fruits have become safe from calamities.
If the prescribed conditions of sale (as per the Sunnah) are not observed, then compensation for such loss is obligatory.
If, in principle, the sale is valid and is conducted after the time when the fruits have become safe from calamities, then making compensation is recommended (mustahabb), not obligatory.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3470
Maulana Ataullah Sajid
Benefits and Issues:
(1)
Money is taken in exchange for goods.
When the fruit of the orchard was sold, at that time it was not ready for use.
It is as if the buyer did not actually receive anything; rather, it is merely a promise that he will receive the fruit. Then, when the fruit was destroyed, the buyer received nothing, even though he had already paid the money in advance or had promised to pay it.
In this way, he will only pay the money and receive nothing in return.
This is impermissible.

(2)
“Why does he take his Muslim brother’s wealth?”—this indicates that after taking the wealth, what has he given in exchange? It is clear that the buyer received nothing in return for his money, so then for what is he taking the price? That is, in this situation, the price should not be taken, and if it has been taken, it should be returned.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2219
Hafiz Muhammad Ameen
(1) The intent here is that if the fruit falls victim to any unforeseen calamity, whether celestial or terrestrial, the seller should make amends for this loss. Ideally, he should return the entire amount, otherwise he should cooperate as much as possible; otherwise, he will be considered as one who consumes his Muslim brother’s wealth through false means.

(2) From this hadith, the permissibility of buying and selling all types of fruits is established, regardless of the stage they are in. Although previous ahadith have prohibited the sale of unripe fruits, i.e., those not fit for consumption, the answer is that in the mentioned hadith, the fruits intended are also those fit for consumption; only their sale and purchase is permissible. However, if there is a need for unripe fruits, then it is necessary to stipulate that they be picked immediately; otherwise, it is not permitted. This is the opinion of the majority of scholars.

(3) It is forbidden for any Muslim to consume the wealth of his Muslim brother unjustly and through false means. In addition to other evidences from the Qur’an and hadith, this hadith is also a clear proof of this.

(4) Humanity and Islam both demand that the price of fruit destroyed by a celestial calamity should not be taken, because if this fruit had been destroyed by a calamity while still with the owner, he would have had to bear the loss anyway. He should bear it now as well. If he takes the price of this fruit from the buyer, it will be unjust and unlawful. Imam Ahmad and the hadith scholars hold that it is necessary to waive the loss caused by unforeseen calamities. Others have considered it recommended (mustahabb), because no one can be compelled to withdraw from a finalized transaction. However, the apparent meaning of the hadith is contrary to this, because the demands of humanity and Islamic brotherhood take precedence over all principles. Those who insist on their principles have resorted to far-fetched interpretations of the hadith, which is their compulsion, but humanity and brotherhood lie in acting upon this hadith.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4531